Decision No. 1211/1999/QD-BGTVT stipulates the management of river-crossing passenger wharfs, applicable to wharfs that have not yet been granted permission and does not apply to announced ferry wharfs. The decision specifies conditions for opening wharfs, safety of operations of wharfs and vessels, as well as procedures for revoking permission to open wharfs when necessary.
적용 범위
People's Committee of communes, wards, towns; Department of Transport; organizations and individuals investing in construction and operation of river-crossing passenger wharfs; persons operating river-crossing transport vessels.
핵심 사항
- The People's Committee of commune must request permission to open a river-crossing passenger wharf from the Department of Transport and must obtain confirmation from the inland waterway management agency. This must be completed within ten days from receipt of the document.
- A river-crossing passenger wharf must ensure safety conditions such as steps, gangways for boarding and disembarking, sufficient lighting (if operating at night), and signaling according to regulations.
- Transport vessels crossing rivers are only permitted to carry passengers, goods, light trucks under 2.5 tons, or cars with less than 12 seats. The vessel must meet technical standards and have complete documentation.
- Operators of transport vessels need to hold appropriate licenses or certificates in accordance with the type of vessel operated.
- Permission to open a river-crossing passenger wharf will be revoked if due to changes in water flow, natural factors, or traffic planning, the wharf cannot be maintained.
🌐 이 문서의 사회적 영향
- Positive impact: Clear regulations on the management and exploitation of river-crossing passenger wharfs help ensure traffic safety and improve transportation service quality.
- Negative impact: It requires time and resources to implement the process of requesting permission to open a wharf, which may cause difficulties for businesses wishing to invest in this field.
❓ 자주 묻는 질문
What conditions are required to open a river-crossing passenger wharf?
The People's Committee of commune must request permission from the Department of Transport and must obtain confirmation from the inland waterway management agency. The location of the wharf must ensure safety and sufficient depth and width for vessel entry and exit.
How long after being granted permission can the wharf be exploited?
After receiving the decision granting permission to open a wharf from the Department of Transport, the People's Committee of commune can assign organizations or individuals to invest in construction or organize bidding to operate the river-crossing passenger wharf.
What can river-crossing transport vessels carry?
Vessels are only permitted to carry passengers, goods, light trucks under 2.5 tons, or cars with less than 12 seats.
What license does the operator of a transport vessel need?
The operator must hold appropriate licenses or certificates in accordance with the type of vessel operated as per current regulations.
When will the decision to permit the opening of a river-crossing passenger wharf be revoked?
The decision to permit the opening of a wharf will be revoked if due to changes in water flow, natural factors, or traffic planning, the wharf cannot be maintained. The agency revoking the decision must notify at least six months in advance.
전문
Pursuant to …;
On the Management of River Passenger Ferries
_____________________
THE MINISTER OF TRANSPORTATION
Pursuant to Decree No. 22/CP dated March 22, 1994 of the Government stipulating the tasks, powers, responsibilities for state management and organizational structure of the Ministry of Transport;
Pursuant to Decree No. 40/CP dated July 5, 1996 of the Government on ensuring traffic order and safety on inland waterways and Decree No. 77/1998/NĐ-CP dated September 26, 1998 amending and supplementing certain articles of Decree No. 40/CP dated July 5, 1996 of the Government;
Considering the proposals of the Heads of the Legal Affairs Department under the Transport Department, and the Director General of the Vietnam Inland Waterway Administration,
DECISION:
Article 1This Decision shall apply to the management and operation of river passenger ferries, except for those ferry wharves that have been officially announced by competent authorities.
The river passenger ferry wharf referred to in this Decision is a place designated for vessels carrying passengers across rivers to embark and disembark.
Article 2Conditions and procedures for granting permission to open river passenger ferries
The location of the wharf must have stable terrain; sufficient depth and width to ensure safe entry and exit of vessels; and must not affect the navigation channel, thereby ensuring traffic order and safety on inland waterways.
The procedure for granting permission to open river passenger ferries is as follows:
a/ When there is a need to open a river passenger ferry wharf, the People's Committee of the commune, ward, town (hereinafter referred to as the People's Committee of the commune) shall prepare a document requesting permission to open a river passenger ferry wharf to be submitted to the Department of Transport or the Department of Transport and Public Works (hereinafter referred to as the Department of Transport). The document requesting permission to open a wharf from the People's Committee of the commune must include confirmation from the Vietnam Inland Waterway Administration's River Management Section (if the proposed river passenger ferry wharf is located on a central inland waterway route directly managed by the central government) or the inland waterway management agency under the Department of Transport (if the proposed river passenger ferry wharf is located on other provincial inland waterway routes within the province or centrally-administered city).
b/ The Department of Transport shall examine the request of the People's Committee of the commune, and within ten days from receipt of the document requesting permission to open a wharf, if the conditions are met, the Department of Transport shall issue a decision allowing the People's Committee of the commune to open a river passenger ferry wharf at the proposed location. If the conditions are not met to grant permission to open a wharf, the Department of Transport must respond to the People's Committee of the commune.
For river passenger ferry wharves located on the boundary between two provinces or centrally-administered cities, the Department of Transport receiving the document requesting permission to open a wharf must consult and reach consensus with the relevant Department of Transport before issuing a decision to permit opening the wharf.
Depending on local circumstances, the Department of Transport may submit to the People's Committee of the province or centrally-administered city to delegate the People's Committee of the district, county, town, or city under the province to examine and decide on granting permission to open a river passenger ferry wharf. In cases where the wharves are located on the boundary between two districts, the People's Committees of the two districts must reach consensus before issuing a decision.
After obtaining the decision granting permission to open a wharf from the competent authority as stipulated in Clause 2 of this Article, the People's Committee of the commune may assign organizations or individuals to invest in constructing and operating the river passenger ferry wharf, or organize bidding for investment construction and operation, or directly invest in construction and organize bidding for operation of the river passenger ferry wharf according to the conditions specified in Article 3 and the guidance of the local Department of Transport.
Article 3Safety conditions for operation of the wharf, vessels, and vessel operators:
a- 1/ For river passenger ferry wharves:
b- There must be steps or bridges for passengers to board and disembark or load and unload goods. Wharves through which automobiles pass must have safe and convenient ramps for automobiles to ascend and descend.
c- There must be sufficient equipment for securing vessels.
d- There must be lights with adequate brightness (if operations are conducted at night).
Signage must be placed as prescribed (if the wharf is located on an inland waterway route that has been invested in and managed).
a- 2/ For vessels carrying passengers across rivers:
b- Vessels entering and exiting river passenger ferry wharves are only permitted to carry passengers, cargo, rudimentary road transport vehicles, motorcycles, or passenger cars with less than twelve seats or light trucks with a maximum gross weight of less than 2.5 tons.
Vessels must meet technical standards and possess all required documents as stipulated by current regulations.
3/ For vessel operators: They must hold a valid license or certificate appropriate to the type of vessel they operate as stipulated by current regulations.
Article 4. Permission to open a river passenger ferry wharf will be revoked in the following cases:
1- Due to changes in river flow or other natural factors leading to non-compliance with the safety conditions set forth in Clause 1, Article 2 of this Decision.
2- Due to transportation planning or construction planning not permitting the existence of a passenger wharf at the location where it was previously allowed.
The authority revoking the permission to open a wharf must clearly state the reasons and must notify the revocation of the decision at least six months before the cessation of the wharf's operations.
Article 5.
This Decision takes effect from August 1, 1999 and replaces Decision No. 1138/QĐ/PC-VT dated May 6, 1997 of the Minister of Transport regarding the management and issuance of permits to open ferry wharves.
Ferry wharves that have already obtained a permit to open a ferry wharf pursuant to Decision No. 1138/QĐ/PC-VT may continue operations until their permits expire, after which they must follow the procedures stipulated in Article 2 of this Decision but the community's request document does not require confirmation from the inland waterway management agency.
Ferry wharves currently in operation but without a permit to open a ferry wharf pursuant to Decision No. 1138/QĐ/PC-VT must follow the procedures stipulated in Article 2 of this Decision.
Article 6.
The People's Committee of the commune shall manage river passenger ferry wharves within its jurisdiction in accordance with this Decision.
The Ministry of Transport shall instruct the Vietnam Inland Waterway Administration to guide and inspect the implementation of this Decision nationwide.
During the course of operation, organizations and individuals engaged in the exploitation of river passenger wharfs must comply fully with all regulations on ensuring traffic order and safety and the provisions of this Decision. Violations of the provisions of this Decision shall be subject to revocation of the permit decision to open a wharf or administrative penalties, depending on the severity.
Article 7. The Heads of the Ministry's Office, the Director of the Legal Transport Department, the Directors of the Vietnam Inland Waterways Administration, the Vietnam Maritime Administration, the Directors of the Departments of Transport in provinces and cities, and related organizations and individuals are responsible for implementing this Decision.
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